Abstract:The Wild Free-Roaming Horses and Burros Act of 1971 (the 1971 Act) protects wild horses and
burros on federal lands, and places them under the jurisdiction of the Bureau of Land
Management (BLM) and the Forest Service (FS). Under the 1971 Act, the agencies are to
inventory horse and burro populations on federal land to determine appropriate management
levels (AMLs). They are authorized to remove animals exceeding the range’s carrying capacity.
First, the agencies are to destroy “old, sick, or lame animals” by the most humane means
available. Second, they are to remove healthy animals for private adoption. Third, if adoption
demand is insufficient, the remaining healthy animals are to be destroyed; however, the agencies
have not used this authority since 1982. The 108th Congress enacted changes to wild horse and
burro management. One change provided a tool, in addition to adoptions, for reducing wild horse
and burro populations. The agencies were directed to sell, “without limitation,” excess animals
(or their remains) that essentially are deemed too old or otherwise unable to be adopted.

BLM has not achieved reduction to the national AML—26,578 for all herds. There were an
estimated 36,940 wild horses and burros on BLM lands as of February 28, 2009. Another 31,851
animals were in BLM holding facilities as of September 14, 2009. BLM estimates that
approximately 70% of its FY2009 appropriation for wild horses and burros was used to care for
animals in holding facilities. A much smaller number of horses and burros are on FS lands—
3,620.

Management of wild horses and burros has long been controversial, with most attention centering
on BLM. Among the most contentious issues are whether BLM should destroy healthy animals
under the authority provided in the 1971 Act, and sell animals “without limitation” as provided in
the 108th Congress changes. Thus far the agency has focused on sales with procedures to protect
against slaughter. Other controversial issues include the priority given wild horses and burros in
land use decisions; whether, and to what extent, to remove animals from the range; the disposal of
healthy animals through the adoption and sales programs; the extent of holding animals in
facilities, particularly long-term (pasture) facilities; the use of fertility control to slow the rate of
reproduction; and the costs of management and whether funding is appropriate.

Several sets of options are being considered for reaching AML, limiting the number of animals in
holding, reducing program costs, and generally improving the care and management of wild
horses and burros, primarily by BLM. An October 2008 report by the Government Accountability
Office recommended that BLM use different methods to estimate populations, issue a policy to
achieve consistency in setting AMLs, provide information to the public on treatment of animals,
and develop alternatives to caring for animals in facilities. In November 2008, the Wild Horse
and Burro Advisory Board made recommendations to BLM on how to reduce wild horse and
burro herd sizes, population growth, and costs of management, among other issues. Selling
animals without limitation or euthanizing excess animals were presented “as a last resort.” Also in
November 2008, a private individual expressed interest in purchasing thousands of excess
animals from BLM to establish a wild horse sanctuary. On October 7, 2009, the Secretary of the
Interior, calling the current BLM wild horse and burro program “unsustainable,” announced
proposals to establish wild horse preserves for the care of non-producing herds, and to reduce
population growth rates through such methods as expanded use of fertility control. Pending
House and Senate companion bills (H.R. 1018 and S. 1579) seek to amend the 1971 Act to
prohibit the slaughter of healthy wild horses and burros, remove agency authority to sell animals,
limit the removal of animals from the range, create wild horse and burro sanctuaries, and expand
the areas available for herds, among other changes.